Montgomery County leaders support removal of criminal sanctions from Abbott’s coronavirus shutdown orders

Montgomery County Sheriff Rand Henderson supported Govenor Greg Abbott’s change in criminal penalties for those in violation of the his executive orders.

Montgomery County Sheriff Rand Henderson supported Govenor Greg Abbott’s change in criminal penalties for those in violation of the his executive orders.

Photo: Jason Fochtman, Staff Photographer / Houston Chronicle

Photo: Jason Fochtman, Staff Photographer / Houston Chronicle

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Montgomery County Sheriff Rand Henderson supported Govenor Greg Abbott’s change in criminal penalties for those in violation of the his executive orders.

Montgomery County Sheriff Rand Henderson supported Govenor Greg Abbott’s change in criminal penalties for those in violation of the his executive orders.

Photo: Jason Fochtman, Staff Photographer / Houston Chronicle

Montgomery County leaders support removal of criminal sanctions from Abbott’s coronavirus shutdown orders

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Montgomery County law enforcement officials were in support Thursday of Gov. Greg Abbott who announced he was removing confinement as a punishment for those who violate his orders outlining the reopening of Texas during the current COVID-19 crisis.

However, County Judge Mark Keough, who has been vocal about his concerns over Abbott’s plan, criticized the governor and his “ever changing and vague executive orders.”

“How does he expect law enforcement to do their job when the governor’s order continually changes its meaning and implied consequences. Now that he’s on the eve of reopening several businesses, he has retroactively stated they could have reopened on April 2,” Keough said. “The governor could solve this problem immediately by issuing an executive order to reopen all businesses and increase their operational occupancy.”

Abbott’s faced some backlash, locally and statewide, over the criminal sanctions in his plan that could have put business owners in jail for 180 days to six months as well as facing potential fines.

While local law enforcement leaders said they would follow the governor’s orders, officials with the Montgomery County District Attorney’s Office and the Montgomery County Sheriff’s Office told county commissioners earlier this month they would use a “common sense” approach and use discretion as struggling business owners work to reopen their doors.

“I absolutely agree with Governor Abbott’s decision today to remove the confinement punishment from his executive orders,” said MCSO Sheriff Rand Henderson. “I believe in our rights and civil liberties as laid out in the constitution. Jailing or fining our citizens for non-compliance with these orders was always a last resort. Safeguards and precautions were taken to ensure the freedoms and liberties of our citizens were not infringed upon.

“Our goal from the onset was to ensure our community’s safety through appealing to our citizens’ sense of community and civic duty during this difficult time.”

According to MCSO Lt. Scott Spencer, there have been no arrests or tickets issued locally regarding violations of the governor’s order.

District Attorney Brett Ligon echoed Henderson and said the orders never should have had criminal penalties.

“I am glad that Gov. Abbott has heard the concerns of myself and many others and has removed at least a portion of the criminal sanction for violation of his orders,” Ligon said. “I still believe that enforcement of his orders should be of a regulatory or administrative nature and should have no criminal sanction attached whatsoever, but am glad that no future officers will be in the situation of being forced to arrest someone at the governor’s behest.

“People are aware of the risk of COVID-19 transmission and should act maturely and rationally on that and shouldn’t be criminalized when taking that risk anyway.”

In March, Keough issued a disaster declaration for the county and issued orders limiting occupancy at businesses and public and private venues. On March 27, Keough, following the lead of neighboring counties, issued a stay-at-home order for Montgomery County but terminated that order April 17 to fall under the Abbott’s stay-at-home order for the state.

On April 27, Abbott issued his executive orders to reopen the state followed by the termination of the state’s stay-at-home order April 30.

Ligon said Abbott’s orders resulted in “absurd” arrests in other jurisdictions.

The issue came to light after Dallas salon owner Shelley Luther was sentenced to a seven-day jail sentence and was facing thousands of dollars in fines for violating statewide stay-at-home orders. Luther reopened her business two weeks ago and then publicly tore up a cease-and-desist letter ordering her to close.

Abbott called the confinement penalty “nonsensical” and made the change retroactive.

“Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical and I will not allow it to happen,” Abbott said in a statement. “That is why I am modifying my executive orders to ensure confinement is not a punishment for violating an order. This order is retroactive to April 2, supersedes local orders and if correctly applied should free Shelley Luther. It may also ensure that other Texans like Ana Isabel Castro-Garcia and Brenda Stephanie Mata who were arrested in Laredo, should not be subject to confinement.

“As some county judges advocate for releasing hardened criminals from jail to prevent the spread of COVID-19, it is absurd to have these business owners take their place.”